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Ten Federal Employers Myths That Aren't Always True
Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they suffer injuries on the job. Railroad employees, unlike many workers' compensation laws have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act.

In order to prevail in a FELA claim railroad workers must prove two things. First, the injury must be caused by the negligence of their employer.

FELA against. Workers' Compensation

Workers compensation and FELA are both designed to provide compensation to employees who suffer work-related injuries or illnesses. However, they differ in a few ways. FELA is only applicable to railroad workers while workers' compensation is applicable to a wide variety of jobs in the public and private sectors. FELA differs from workers' compensation in that it is decided by the person who caused the accident, what damages are awarded and how and where the cases are decided.


FELA was passed due to the risk of injury to railroad workers is high. Congress passed this law to protect workers as well as their families and themselves in the event of injury while working. In order to be compensated under FELA workers must demonstrate that their employer violated any federal law or regulation that pertains to safety at work. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.

FELA also offers compensation for pain and suffering, which are not covered by workers' comp. In contrast to claims for workers' compensation that are typically restricted based on the injury sustained, FELA is able to seek compensation for noneconomic damages that include emotional stress or loss of enjoyment living.

The distinction between FELA compensation and workers' compensation is the requirement that, to be eligible for compensation under FELA the worker must show that the company was at minimum partially responsible for the injury. If a worker is found to be at fault for their injury the amount of injuries could be reduced. For example when the worker was told to perform a task that was against company policy and they were injured due to the incident, the company could be held 50% responsible for their injuries.

Workers' compensation has an earlier timeframe for filing a claim than a FELA case. In the case of a FELA case, the statute of limitations is three years from the date of your injury, however, in the case of workers' compensation the statute of limitations is 1 year. This is why it is crucial to speak with an experienced FELA lawyer as soon as you can after your injury.

FELA in vs. State Law

If a railroad employee gets injured at work and is injured, they can pursue a claim under the Federal Employers Liability Act or workers compensation. Contrary to the statutes for workers' compensation that provide benefits regardless of fault, FELA is a statute of liability. Thus an effective FELA claim requires proof that railroad negligence was at play and that the negligence played a role in causing the worker's injury.

The FELA legislation, which was passed in 1908, was designed to compensate railroad employees who have suffered injuries because of their job. Prior to the passage of this law, railroad worker accident and death rates were high. This resulted in the need for comprehensive coverage that went beyond workers' compensation laws.

A FELA lawsuit must be filed in federal courts since the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. For instance the case that was recently heard in Tennessee, Mills v. CSX, involved a railroad employee who claimed that his employer was responsible under the FELA.

FELA claims are similar to workers compensation in that they compensate for the loss of wages, medical expenses, and pain and suffering damages. These damages are based upon the fact that the railroad was responsible for the injury or death because of its negligence or a violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA plaintiff must show that the injury, or death was caused in part or in totality due to the negligence.

FELA cases have improved tort law by setting precedents for issues like emotional distress in the railroad, damages distribution and working conditions requirements. FELA claims particularly have drawn national attention on the issue of the obligation of a non-delegable employer to provide a safe working environment for its workers. This includes off-site places such as private hotels in which railroad workers may stay to work. The right railroad attorney can assist a railroad worker obtain the full benefits that they are entitled to under FELA.

FELA in opposition to. State Workers' Compensation Laws

If a worker is injured on the job, injury while working or at work, they may seek workers' compensation or sue their employer under FELA. Both laws provide similar benefits, including financial compensation and medical coverage. However, they are different in important ways.

Contrary to workers' compensation which permits employees to claim benefits without having to prove that their employer was responsible for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has did not comply with a safety law of the federal government that caused their injury. This includes laws such as the Occupational Safety and Health Administration and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims, since proof of negligence is required.

In addition, FELA cases allow injured railroad workers to take their case to a jury trial and have their case determined by a group of peers rather than the administrative authority who oversees workers compensation claims. FELA also does not limit the amount of compensation an injured worker can be awarded, whereas workers' compensation claims do.

The difference between these two statutes is crucial to understand, especially for railroad employees who are not covered by state laws on workers' compensation and have to pursue their cases through FELA. If you or someone you know has been injured on the job as a railroad employee, it is crucial to speak with a professional FELA attorneys.

To know more about the distinctions between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We are ready to help you get the most benefits under FELA. To find a qualified Designated Legal Counsel (DLC) firm, click here to be directed to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are available by phone or person to discuss your case. Our attorneys are on a contingency basis, meaning that you will not be charged unless you prevail.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Contrary to workers compensation, which provide a fixed amount of benefits regardless of who is responsible for the incident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to financial compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) and death benefits as well as suffering and pain. Workers' compensation, on the other hand, offers only temporary medical treatment and a set amount of money to cover long-term disabilities, which is often far lower than what the worker is losing.

The FELA law is applicable to railroads operating in international or interstate commerce, and it allows injured employees and their family members to file lawsuits against their employers for damages resulting from the negligence of the company. This LibGuide offers a base to research this issue. It includes links to various online resources that are available on the Villanova Law Library's website. Some of these resources require a password for access.

This LibGuide is intended to serve as a study supplement for Villanova law students. This guide is not intended to be legal advice. If you require more help you should consult an attorney.

fela settlements are unaware that FELA offers railroad workers specialized protections. Though many people believe that FELA and state workers' compensation laws are similar but they are vastly different. Railroad workers who have been injured must be aware of the distinctions between the two types of claims so that they receive the best representation. A skilled lawyer can assist the family of a railroad worker who has passed away, or injured in understanding the different types damages available to them. This will allow the injured worker to get the maximum amount of compensation allowed under FELA. If you're a railroad worker injured while on the job, consult an attorney from a firm that is Designated Legal Counsel.